Employment Tribunal Advice Please

Converse20

So, after the events of the first day of the hearing. Namely the respondents behaviour, I have been looking into the prospect of getting a strike out order for the respondents response.

It is very clear, on closer inspection of the documents that their behaviour was very much preplanned and that the deliberately attempted to distrupt justice being done.

I have looked into it in some detail and although I am not overly confident that a judge would agree to the extent that I am feeling this, I wonder what else can come from a strike out application.

Is there further benefits to my case? Can extra restrictions be put on the respondent to ensure that this doesn't happen throughout the rest of the case?

A recap of what they did, the sent hundreds of pages of new evidence on the evening before the hearing. Evidence that I was expected to print (on an inkjet printer incapable of printing hundreds of documents) and add them to the bundle. Without an updated index.

When I have then given enough time to the documents, which by the way are in all different sections of the 3 folders of evidence. As if they had been there all along.... they were all forwarded by email to the respondents legal team 15 months ago! Yet sent to me the hours before the hearing.

I was obviously then in a position that I couldn't continue, didn't have a correct bundle, and couldn't possibly be cross examined on the new evidence. At that point I asked for a strike out order. However because we were hearing a previous enquiry about adding ordinary unfair dismissal to my claim, we postponed for that reason and are due back for a preliminary.

At the hearing, the judge wasn't aware of the full extent of the respondents deceit with regards to disclosure and their attempts to make things difficult. They denied sending the documents so late, denied the email was sent at all and as my printer had died half way through trying to print the rest, I didn't have the proof.

Any advice would be wonderful.

Mersey_2

They were certainly in breach of the previous Order(s), from your previous posts, so a sanction would be warranted. Although an 'unless order'* is the usual action a Court or Tribunal takes in civil matters, rather than striking out a claim, counterclaim or defence.


Obviously make sure you print out the email - and anything else you want to rely on - and file that with the Tribunal prior to the postponed hearing.


[An 'unless order' in case you haven't come across the term before is usually the first sanction a court will impose on a party for being in breach of the previous order, ie the claim/defence will be struck out UNLESS they file and serve x within 7 days]

Converse20

Me again.

So I had to check something on a witness statement, if I'm honest I'm in bed and couldn't be bothered to go downstairs and get my printed copies.

I thought I would read it electronically so I had a look into my emails to the copy that I received from the respondent.

Of the statements attached there are only 2 left! I've logged into my email of 3 devices and it's the same on all. The two remaining are the ones without any inaccuracies, just someone who did a grievance and someone who investigated misconduct. The other, very dodgy ones are gone!

Obviously I have printed copies. But how can they be gone?

Am I going crazy?!

jobbingmusician

It is normally possible to recall an email if it hasn't been opened. Maybe their system had a glitch, and they recalled and re-sent this email with (what to them was) the correct attachments?

Does the original email you printed have a timestamp? Is the current email, with reduced attachments, shown as being sent at the same time?

Converse20

How likely am I to get an order for disclosure of metadata granted?